Im confused......

[jula 0]

In addition, VWP visitors may not file an application to change status to an immigrant or another nonimmigrant classification or extend their stay beyond the 90-day timeframe.

To the best of my understanding, that does not apply in this situation when vistor has a plan to leave the US.

Anyway, how then many who entered on VWP do file for AOS and get approved?!

Wow this is confusing..............I wasnt aware it was a problem and i am still not sure it is. For 2 reasons, first i am the one on the VWP and its my husband who is a US citizen who has filed the petitions not me. And 2 I have not adjusted my status, i am still classed as a uk citizen traveling via the VWP.

If i was not intending to go back to the UK and in fact intended to do an AOS i think it would be different but nowhere have i read that my husband can not file the application with me here. In fact a segement of the form is asking if you spouse is in the country with you and we had to give my I-94 number and expiry date.

CapeG - I agree with you and don't see a problem.

Just make sure that you indicated on papers that you'll go through consular processing.

[CapeG 1]

In addition, VWP visitors may not file an application to change status to an immigrant or another nonimmigrant classification or extend their stay beyond the 90-day timeframe.

To the best of my understanding, that does not apply in this situation when vistor has a plan to leave the US.

Anyway, how then many who entered on VWP do file for AOS and get approved?!

Wow this is confusing..............I wasnt aware it was a problem and i am still not sure it is. For 2 reasons, first i am the one on the VWP and its my husband who is a US citizen who has filed the petitions not me. And 2 I have not adjusted my status, i am still classed as a uk citizen traveling via the VWP.

If i was not intending to go back to the UK and in fact intended to do an AOS i think it would be different but nowhere have i read that my husband can not file the application with me here. In fact a segement of the form is asking if you spouse is in the country with you and we had to give my I-94 number and expiry date.

CapeG - I agree with you and don't see a problem.

Just make sure that you indicated on papers that you'll go through consular processing.

We definatly wrote on the application that i would be using London for the processing. I do not think its a problem either but now i am questioning who is right!

[Jersey Girl 2]

It's all very interesting, and perhaps a more experienced poster (or lawyer) has the answer. But the spirit of K3 is clear: the foreign spouse waits in their own country. The quicker you comply, the better. Protect your K3. Don't try to use an older tourist pass to circumvent the intent of the immigration laws. (That's just one opinion from someone who's relatively new.)

[meauxna 15]

You entered the US on the VWP with the express intention of getting married which is a violation of the VWP. This could have serious consequences for you. I suggest you contact an experienced immigration attorney first thing tomorrow.

Jen

While I'm sure that JenT gave this answer to be helpful, the misunderstanding in the rest of this thread likely comes from the above mis-statement.

It is NOT illegal or against the terms of the VWP or other tourist entry to come to the US with the intent to get married.

It *is* a breach to enter the US on a non-immigrant option with the intent to immigrate on that option. CapeG understood that perfectly well and made her plans within that. Her spouse has filed an immigrant petition for her and she intends returning to her home country to complete her immigrant process and move to the US 'properly'.

Please note that she has made 2 entries as the spouse of a USC and was inspected and admitted by a CBP officer. The officer did his/her job (which is not our job). CapeG's only concern at that point is that she did not make a misrepresentation of herself or her situation (lie).

So CapeG, draw a deep breath and let it out.

To explain the difference between the K-3 and Immigerant Visa CR-1 is long and boring anymore. Read the link that Jen gave earlier. In a nutshell, it used to take 3 years for I-130s to be approved. That was too long to wait for spouses to be reunited. A 'bandaid' visa was created to let the spouse come to the US and wait for the I-130. In that sense, the K-3 was intended to be 'faster' to get the immigrant TO the US to wait.

Now, I-130s are approved within 6 months. The Immigrant visa is the 'complete' visa that becomes a Green Card/Permanent Resident status at entry. If you enter as a K-3 you will ultimately need this status and will get it by either returning home for an IV interview OR by filing AOS in the States.

No one can know if the I-129f for the K-3 will get you to the US faster than the I-130/Immigrant visa route. I-129f is a *suggested insurance* NOT a requirement. K-3s have no work permission, so arriving with one is essentially an invitation to be in the US with your spouse. Different families have different needs, and you have to weigh up where the working/saving money angle fits in, or the need to be in the US for a particular reason (one couple has an ill USC child in the US and they need the foreign mother to get here ASAP).

CapeG, your other confusion.... You have your 90 days here on the VWP---you must return home by that date. You then wait for action on either petition. IF (big IF) your I-129f flies through and you get a K-3 visa appointment, THEN you can start debating the choice. The K-3 would THEN allow you to come to the US to wait. At the moment, if you have filed I-129f, it is sitting there as a $175 (or whatever) insurance policy. I hope that helps you understand it better.

I hope also that the distinction between intent to get married and intent to get married PLUS immigrate is more clear now.

Keep in mind that if someone enters withOUT the intent to immigrate but changes their mind in the US will fall under YET another category and that person should def. see a lawyer in private with their OWN UNIQUE information to make a next step decision. Sorry to run on.

Edited July 7, 2006 by meauxna

[JenT 0]

I aplogize for the mis-direction and any anxiety that it may have caused.... I've learned something too...

Jen

[Yodrak 7]

meauxna,

Glad you did run on. Hope you've got that saved in a text file so that you can copy and paste it as often as necessary (daily for starters).

Yodrak

...

I hope also that the distinction between intent to get married and intent to get married PLUS immigrate is more clear now.

Keep in mind that if someone enters withOUT the intent to immigrate but changes their mind in the US will fall under YET another category and that person should def. see a lawyer in private with their OWN UNIQUE information to make a next step decision. Sorry to run on.

[meauxna 15]

Yodrak,

ha ha --I'm already starting to feel like a bot 'round here.

ta,

m

(ps: I use my magic answers search button to find old posts to recycle. again. and again.)

meauxna,

Glad you did run on. Hope you've got that saved in a text file so that you can copy and paste it as often as necessary (daily for starters).

Yodrak

...

I hope also that the distinction between intent to get married and intent to get married PLUS immigrate is more clear now.

Keep in mind that if someone enters withOUT the intent to immigrate but changes their mind in the US will fall under YET another category and that person should def. see a lawyer in private with their OWN UNIQUE information to make a next step decision. Sorry to run on.

I've learned something too...

Jen, glad it was of some value for you, too.

(PS: on the I-485, look at the exceptions for something to do with Immediate Relatives, to answer your earlier question)

(smilie for you. Yodrak doesn't like 'em. )

[CapeG 1]

Meauxna - THANK YOU! What you wrote compleatly made it clear to me. I didnt think we were doing anything wrong so its good to get it cleared up. Thank you for taking the time to explain things to me.

JenT - I know you didnt mean any harm, its all so confusing that its a brain fart at the best of times. We both got to learn something today.

[BelwinMills 0]

If your husband will help start helping in the process ask him to go see the local representive the Senator. I will be starting the procees in a little bit since I get married next month in JA. Some lady at Dennis Hastords office in IL is going to go over everything with me and the quickest way to get him here. So instead of spending money on a lawyer u do have this free option. Take care and best wishes

[JenT 0]

Jen